Interesting analogy. I am currently reading The Rise and Fall of the Third Reich. As you may know, immediately prior to Hitler’s seizure of power, the German court system resembled ours. I.e. one side, the Nationalists, could get away with anything, including murder, and receive no more than a wrist slap. The other side got nailed to the wall for the most trifling of minor offenses.
Iow, the courts were completely political with no thought for justice. When a legal system becomes such that one side of the political spectrum is a foregone winner and the other is a foregone loser, the country is on the skids.
There was an article posted on Free Republic the other day that points out the Courts are just a political tool now. They merely reflect the position of whatever party to which they hold allegiance. I'm sure this is true in the case of Democrat Judges, but I think Republican judges are more intent on originalism.
Iow, the courts were completely political with no thought for justice. When a legal system becomes such that one side of the political spectrum is a foregone winner and the other is a foregone loser, the country is on the skids.
As that article pointed out, not one word of debate was wasted trying to figure out what the positions of Sotomayor, Kagan, Ginsberg or Breyer would be. No one on any side contemplated any other possibility than that they would vote for the Democrat position.
The only Justice about which anyone was speculating was Justice Kennedy, and most people thought he would go over to the Liberal side.
Funny, 7 years ago when Prop 8 was challenged in court, one clever fellow over at Instapundit remarked:
"Why don't we just save a lot of time and ask Justice Kennedy what he thinks?"
It was apparent even back then that this was going to be entirely a political matter that has nothing to do with actual law, and everything to do with personal preferences of specific judges.
Ted Cruz has the right Idea. We need to improve our ability to kick Supreme Court (and in my opinion all Federal Judges) justices off of their thrones.